5

enter image description here enter image description here enter image description here enter image description here

I applied for UK visitors Visa in February 2015 to travel with my Father as a Medical Attendant, He is a Thyroid Cancer patient and Under treatment at Royal Mardsen Hospital, NHS UK. He visits UK in every six months, earlier my brother used to travel with him as he is now busy in his studies in Ireland he could not travel with him so I applied to travel along with my father. Me and my father trip is all sponsored by my uncle who has huge business in Pakistan and China. My father and brother got their first visa on this point only.

When I applied I provided all the required documents of my own financial condition and the sponsorship documents but my visa got refused on the basis that my monthly income is PKR 20,000 on average and the ECO believe that I wont return to my country after the Treatment of my father although this is not true I have no interest in staying in UK more than the period of my father's treatment i.e. 2-3 weeks only.

After six months in October 2015, I reapplied my circumstances changed a bit I got new job and was permanent employee there my salary rose to PKR 35,000 on average and my employer provide all assurance that I will return back as I have signed a 3 year bond with them. And again my Visa was refused that I joined the new job 3 months earlier and they are not sure that the employer knows that i will take leave for 3 weeks, although i have provided a reference letter from my employer which states my job details and salary details. The second time refusal letter does not have any valid reason it was just a point that i cannot enter UK and the ECO doubts that I wont return back (that's just a ridiculous thing why would i stay there alone, when my family, friends, career everything is here in Pakistan)

On that trip my father has to travel alone and it was really difficult for him to stay alone as he cannot take solid diet and someone is required to prepare liquid diet for him and feed through peg tube placed on his stomach.

Now I'm planning to apply again I've got a recommendation letter from the Doctor, that, significant nursing care is required for the patient and her daughter should be allowed to travel with him. secondly I will be showing my GBP account statement in which sponsor has already credit sufficient funds for travelling and accommodation, further my employer has provided me a letter stating my annual leaves details as well. Please guide me what more documents should I provide them to give assurance that I'm only travelling with my father to take care of him during his treatment and will return back to my country as soon as possible.

And on first refusal I appeal against the decision providing all the clarifications but after the appeal was processed the result was I dnt have limited rights to appeal and they have eaten up all my money.

  • 3
    No. This is wrong: "...The second time refusal letter does not have any valid reason...". It's not how things work at UKVI. A medical visitor gets a 'Standard Visitor Visa', and we see lots of refusal notices for them. It tells us that you do not understand the letter or have opted to ignore its content. In either case you are vulnerable to continued refusals. Please scan in your refusal notices, apply redactions, and upload them into your question ('add image' button). Close voting as 'unclear' – Gayot Fow Mar 19 '16 at 21:21
  • 5
    Also, "...they have eaten up all my money..." Who? Who did you pay? UKVI doesn't charge, the Tribunal does and a person cannot even pay the Tribunal fee unless they have a decision that can be appealed. Who did you pay that ate all your money? Something is amiss here. -1 for that. – Gayot Fow Mar 19 '16 at 21:27
  • Thank you for such a quick response, I have added my first refusal letter will upload the second one soon once it is scanned. – SLM Mar 21 '16 at 7:32
  • They have eaten up by money means, it was clearly written that if my appeal will be processed they will charge the fees otherwise the amount will be returned. However i received an email which states that my appeal will be processed and suddenly when I received the decision it states that "I HAVE LIMITED RIGHTS OF APPEAL, TO GET VISA I HAVE TO APPLY AGAIN" but the fees was charged and I had to bear the cost of sending n processing the documents. – SLM Mar 21 '16 at 7:34
  • I am seeking your help to please suggest me, after reading my both refusal letters, that what should i focus on while applying third time. What more detail should i provide in the Application form and supporting documents. – SLM Mar 21 '16 at 7:36
5

You have applied for a Standard Visitor Visa on compassionate grounds and have been refused twice. You contemplate a third application. Examining your refusal notices, the bottom line is they will quite probably refuse again.

You plan to include a letter from a doctor. Having a doctor's attestation may address some of the points raised by the ECO (i.e., that your father will need nursing care), was the letter issued by the UK provider? Note that everybody needs nursing care at some point in their treatment, and the NHS (or private facility) has nursing staff for that reason. Is your father receiving adequate nursing care for his treatment? If not, this is something to take up with the provider. Do you have some skill that he cannot obtain locally? You wrote it would cost you £25,000 to go for 6 weeks, would it be cheaper to hire a carer locally rather than flying you to the UK and accommodating you?

Your plan is to present new bank statements that appear something like this...

enter image description here

This nearly always invites trouble. But more to the point... The ECO explained in both refusals that she was comfortable that your family would take care of you financially during your visit so you are meeting the rules. You're addressing a problem that doesn't exist and in the process creating more problems for yourself. See provenance.

What the ECO was telling you about your bank statements is that (in addition to being erratic) your lifestyle has not stabilized to the point where your cash flows are adequately managed. People who are in and out of debt all the time and have trouble making ends meet do not fit the profile of someone who is an authentic visitor to the UK. So the ECO concluded "...causes me to doubt your true intentions...".

"Funds parking" is a superficial cure (and risky) but does not actually hide the underlying lifestyle that required parked funds in the first instance.

And finally, there's the big-time show-stopper...

...it is not clear why you personally need to accompany him given that you are one of 7 children dependent on your father...

Your brother has on-going commitments in Ireland (which paradoxically would help make him an authentic visitor, it's probably why his applications were successful). Presumably the other siblings have jobs or on-going lives that would be disrupted by a 6 week visit (which, paradoxically would help establish them as genuine visitors), you didn't explain that part in your question. But for whatever reason, your own premise over the 5 remaining siblings was not established. Whenever a single person is selected out of a large family for no apparent reason, there is a gap in the person's premise that makes ECO's uncomfortable. The ECO's discomfort apparently becomes more acute if the applicant is a south Asian female in the marriageable age range, but there's nothing other than empirical evidence and observation supporting this so treat it as obiter dicta only.

The ECO could not use her discretionary latitude for compassionate circumstances because it's limited and there's not enough to cover the shortfalls in your application.

Conclusion. The ECO made a slam dunk. A third application is not recommended at this stage in your life because there are too many significant issues that prevent establishing yourself as a genuine visitor. Also note that if you keep applying again and again, they can eventually raise Paragraph 320 and ban you; you have not reached that threshold yet, but will if you continue to apply without changing your circumstances.

  • Thank you so much for the detailed response to my question, this is really helpful. – SLM Mar 22 '16 at 7:15
  • I want to clarify few things, first, I have no debt obligation on me whatever I earn is mostly spent on my living expenses and investments in Gold, and there is no way to show the ECO that m making my savings in Gold. Second thing is that I'm a south Asian female of marriageable age and will be getting married in September 2016. – SLM Mar 22 '16 at 7:20
  • The point that Eco raised regarding out of 7 children why only i would like to travel with him reason being my brother's passport is in Student Visa process for Ireland, the other siblings does not have a valid passport therefore I'm the one left to apply, and it takes atleast a month for passport procedure here in Pakistan. – SLM Mar 22 '16 at 7:20
  • for the nursing care thing in UK my fathers lives with a friend not in hospital so to provide him liquid diet an attendant is required who can prepare food for him. And most important my father has language problem he cannot speak english and cannot communicate properly. – SLM Mar 22 '16 at 7:22
  • Hi and one last thing i forgot to tell you that I have received an invitation from Oxford University to present my research paper there rather than applying for medical visa again can I apply for Visa to attend the conference and present my research paper there?? – SLM Mar 22 '16 at 9:17

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.